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PEOPLE v. CARDE

28 Misc.2d 733 (1961)

The People of the State of New York, Plaintiff, v. Rafael Negron Carde, Defendant.

County Court, Orleans County.

August 2, 1961

Attorney(s) appearing for the Case

Hamilton Doherty and Vincent D. Cardone for defendant. Franklin B. Cropsey, District Attorney, for plaintiff.

J. KENNETH SERVÉ, J.

The defendant has made a motion for an order to inspect the minutes of the Grand Jury, or in the alternative, to dismiss the indictment upon the ground that the same is contrary to law, and founded upon insufficient, inadequate and illegal evidence.

It is a fundamental rule that there is a presumption that an indictment is based upon legal and sufficient evidence until there is satisfactory proof to the contrary. (

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